
Welcome

Andrea K. Bjorklund
Contact Information
akbjorklund@ucdavis.edu
530-752-5773
Rm. 2081 King Hall
Education
- B.A., History and French, University of Nebraska, Lincoln 1986
- M.A. French Studies, New York University 1988
- J.D., Yale Law School 1994
Professor of Law
Professor Bjorklund teaches courses in international arbitration and litigation, international trade, international investment, international business associations, conflict of laws, and contracts. She is co-rapporteur of the International Law Association's Study Group on the Role of Soft-Law Instruments in International Investment Law. She has written extensively on investor-state arbitration issues, and has published chapters in many books, as well as pieces in several journals, including the American Journal of International Law, the Hastings Law Journal, the American Review of International Arbitration, and the Virginia Journal of International Law. She is also co-author of Investment Disputes Under NAFTA: An Annotated Guide to NAFTA Chapter 11.
Full Biography...Prior to entering the academy, Professor Bjorklund worked on the NAFTA arbitration team in the U.S. Department of State's Office of the Legal Adviser, and also worked for Commissioner Thelma J. Askey on the U.S. International Trade Commission and in private practice at Miller & Chevalier in Washington, D.C. A graduate of Yale Law School, she clerked for Judge Sam J. Ervin, III, on the U.S. Court of Appeals for the Fourth Circuit.
She says, "Traditionally, international law has been divided into two realms: the public and the private. This dichotomy is breaking down as governments grant greater rights to private individuals, while at the same time increasing their regulatory powers over private international transactions. Recognizing both the private and public aspects of international transaction is an essential skill for today"s lawyers."
... CloseSpecial Interests
International Investment, International Arbitration and Litigation, International Trade, Public International Law, The Convention on the International Sale of Goods (CISG), ContractsSelected Career Highlights
- Teaching Fellow and Lecturer in Law, University of Chicago Law School, 2001-03
- Attorney-Adviser, U.S. Department of State, 1999-2001
- Senior Counsel, Commissioner Thelma J. Askey, U.S. International Trade Commission, 1998-1999
More Career Highlights...- Law Clerk, Honorable Sam J. Ervin, III, U.S. Court of Appeals, Fourth Circuit, 1997-98
- Associate, Miller & Chevalier, Chartered, Washington, D.C., 1994-97
Selected Publications
- Emergency Exceptions to International Obligations in the Realm of Foreign Investment: The State of Necessity And Force Majeure as Circumstances Precluding Wrongfulness, in Oxford Handbook of International Investment Law (Peter Muchlinski & Federico Ortino eds., Oxford University Press, forthcoming 2007).
- Compliance with Decisions of the International Court of Justice, 101 Am. J. Int'l L. (forthcoming 2007) (reviewing Constanze Schulte, 2004)
- Reconciling State Sovereignty and Investor Protection in Denial of Justice Claims, 45 Va. J. Int'l L. 809 (2005).
- Foreword, Symposium: Romancing the Foreign Investor, BIT by BIT, 12 U.C. Davis J. Int'l L. & Pol'y 1 (2005).
More Publications...- NAFTA Chapter Eleven: Waste Management II: Case Comment, 1:4 Transnat'l Disp. Mgmt. (October 2004).
- Investment Law and Arbitration: the First Ten Years, (Todd Weiler ed., 2004).
- International Commercial Dispute Resolution, 37 Int'l Law. 445 (Summer 2003) (with William W. Park and Jack J. Coe, Jr.)
- The Participation of Amici Curiae in NAFTA Chapter Eleven Cases, (March 2002)
- Contract Without Privity: Sovereign Offer and Investor Acceptance, 2 U. Chi. J. Int'l L. 183 (2001).
- Casenotes: The United Mexican States v. Metalclad Corp, 30 Int'l L. News 23 (Summer 2001).
- A Comparison of the Inter-American Convention Against Corruption and the U.S. Foreign Corrupt Practices Act, 38 Va. J. Int'l L. 243 (1998) (with Lucinda A. Low & Kathryn Cameron Atkinson).
- Protecting Against Risk in International Business Transactions: Why Your Domestic Contract Won't Do, Corp. Couns. Int'l Adviser, August 1, 1998, No. 159, at 2 (with Lucinda A. Low and Amy L. Rothstein).
- A Trap for the Unwary: How Illegal Exports of Technology Can Occur When Information is Shared with Foreign Nationals in the United States, Md. Bar J., May/June 1997, at 38 (with William M. McGlone).
- PROCEEDINGS OF THE 102ND ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW: THE POLITICS OF INTERNATIONAL LAW, (Andrea K. Bjorklund, Marinn Carlson & Michael P. Scharf eds., forthcoming 2009).
- INVESTMENT DISPUTES UNDER NAFTA: AN ANNOTATED GUIDE TO NAFTA CHAPTER 11, (with Meg Kinnear and John F.G. Hannaford) (2006; FIRST UPDATE 2008; SECOND UPDATE 2009).
- INVESTMENT TREATY LAW: CURRENT ISSUES III, (Andrea K. Bjorklund, Ian A. Laird & Sergey Ripinsky eds., 2009).
- GLOBAL ISSUES IN CONTRACT LAW (2007), (with John A. Spanogle, Jr., Michael P. Malloy, Louis F. Del Duca, & Keith A. Rowley).
- The Standard of National Treatment, in ARBITRATION UNDER INTERNATIONAL INVESTMENT AGREEMENTS: AN ANALYSIS OF THE KEY JURISDICTIONAL, SUBSTANTIVE & PROCEDURAL ISSUES, Katia Yannaca-Small ed., Oxford University Press, forthcoming 2010).
- The Necessity of Sustainable Development?, in SUSTAINABLE DEVELOPMENT IN WORLD INVESTMENT LAW, (Marie-Claire Cordonnier Seger, Markus Gehring & Andrew Newcombe eds., Kluwer Law International, forthcoming 2009/2010).
- Improving the International Investment Law and Policy Regime: Report of the Rapporteur, in THE FUTURE OF THE INTERNATIONAL INVESTMENT REGIME, (José E. Alvarez, Karl P. Sauvant & Kamil G. Ahmed eds., Oxford University Press, forthcoming 2009/2010).
- Articles 25 – 29, in CISG – THE UN CONVENTION ON THE INTERNATIONAL SALE OF GOODS, (Stefan Kröll, Loukas Mistelis & Pilar Perales Viscasillas eds., Verlag C.H. Beck, forthcoming 2009).
- State Immunity and the Enforcement of Investor-State Arbitral Awards, in INTERNATIONAL INVESTMENT LAW FOR THE TWENTY-FIRST CENTURY: ESSAYS IN HONOUR OF CHRISTOPH SCHREUER 302, (Christina Binder, Ursula Kriebaum, August Reinisch & Stephan Wittich eds., 2009).
- Causation, Morality, and Quantum, 32 SUFFOLK TRANSNAT’L L. REV 435 (2009).
- The Emerging Civilization of Investment Arbitration, in 113 PENN STATE L. REV. 1269 (2009).
- Economic Security Defenses in International Investment Law, 1 INTERNATIONAL INVESTMENT LAW & POLICY YEARBOOK 479 (2009).
- National Treatment, in STANDARDS OF INVESTMENT PROTECTION 29 (August Reinisch ed., 2008).
- Emergency Exceptions: State of Necessity And Force Majeure, in OXFORD HANDBOOK OF INTERNATIONAL INVESTMENT LAW 459 (Peter Muchlinski, Federico Ortino & Christoph Schreuer eds., 2008).
- Investment Treaty Arbitral Decisions as Jurisprudence Constante, in INTERNATIONAL ECONOMIC LAW: THE STATE AND FUTURE OF THE DISCIPLINE 265 (Colin Picker, Isabella Bunn & Douglas Arner eds., 2008).
- Mandatory Rules in International Investment Arbitration, 18 AM. REV. INT’L ARB. 175 (2007).
- Private Rights v. Public International Law: Why Competition Among International Courts and Tribunals Is Not Working, 59 HASTINGS L. J. 241 (2007).
- The Continuing Appeal of Annulment: Lessons from Amco Asia and CME, in INTERNATIONAL INVESTMENT LAW AND ARBITRATION: LEADING CASES FROM THE ICSID, NAFTA, BILATERAL TREATIES, AND CUSTOMARY INTERNATIONAL LAW 471 (Todd Weiler ed., 2005).
- Waiver and the Exhaustion of Local Remedies Rule in NAFTA Jurisprudence, in NAFTA INVESTMENT LAW AND ARBITRATION: PAST ISSUES, CURRENT PRACTICE, FUTURE PROSPECTS 253 (Todd Weiler ed., 2004).
- , 101 AM. J. INT’L L. 524 (2007) (reviewing CONSTANZE SCHULTE, COMPLIANCE WITH DECISIONS OF THE INTERNATIONAL COURT OF JUSTICE (2004)).
- ICSID Tribunal Finds Tanzania to Have Violated Bilateral Investment Treaty But Declines to Award Any Damages, 12:27 ASIL INSIGHTS (Dec. 31, 2008).
- Damages in International Arbitration: Strategies, Techniques & Presentation, Institute for Transnational Arbitration Workshop, Act II, 2 WORLD ARB. & MEDIATION REV. 67 (2008).
- Introduction: Recent Developments in NAFTA and CAFTA, 5 SANTA CLARA J. INT’L L. 390 (2007).
- Introduction: Reform of the Centre for International Investment Disputes, in INTERNATIONAL INSTITUTIONAL REFORM: PROCEEDINGS OF THE SEVENTH HAGUE JOINT CONFERENCE HELD IN THE HAGUE, THE NETHERLANDS 30 JUNE – 2 JULY 2005, at 274 (Agata Fijalkowski ed., re-issued edition 2007).
- Foreword, Symposium: Romancing the Foreign Investor, , BIT by BIT, 12 U.C. DAVIS J. INT’L L. & POL’Y 1 (2005).
- What Does a Self-Judging Essential Security Clause Mean for the Rule of International Investment Law?, Preventing and Managing Conflict in Energy and Other Natural Resource Investment Relations, Columbia University, New York, New York (May)
- When is Environmental Protection a Taking Under International Law? Regulatory Expropriation, Investment Treaty Arbitration and Natural Resources Disputes, ABA Section of International Law Spring Meeting, Washington, District of Columbia (April)
- State Immunity and the Enforcement of Investor-State Arbitral Awards, University of Georgia Law School International Law Colloquium, Athens, Georgia (March)
- Lessons from International and Domestic Conflict Resolution: The New Face of Arbitration, U.C. Davis Journal of International Law and Policy Symposium: Overhauling International Dispute Resolution, Davis, California (March)
- Recent Developments in NAFTA, International Law Weekend – West, Salem, Oregon (March)
- Experience of States and Investors’ Counsel - The EU Point of View on NAFTA, First Debate on NAFTA, 15 Years Later: Experiences and Future, Universidad Iberoamericano, Mexico City, Mexico (February)
- State Immunity and the Enforcement of Investor-State Arbitral Awards, American Society of International Law, Section on International Economic Law Interest Group, 2009 Research Colloquium, Los Angeles, California (February)
- The State of the State of Necessity in International Investment, The ICSID Convention and the Settlement of Disputes in Economic Emergencies, International Law Association Biennial Meeting, Rio de Janeiro, Brazil (August)
- Enforcement of Arbitral Awards against States: Sovereignty’s Last Redoubt?, Comparative Business Regulation, Southeastern Association of Law Schools Annual Meeting, Palm Beach, Florida (July)
- The Necessity of Sustainable Development?, Sustainable Development in World Investment Law: An International Legal Experts’ Seminar, the Lauterpacht Centre for International Law, Cambridge, England (July)
- Damages in International Arbitration: Strategies, Techniques & Presentation, 19th Annual Institute for Transnational Arbitration Workshop, Dallas, Texas (Conference Co-Chair and Panel Moderator) (June)
- Arbitral Awards as Jurisprudence Constante, Law & Society Annual Meeting, Montréal, Québec, Canada (May)
- Arbitral Awards as de Facto Precedent, Legal Theory Workshop, University of Oregon, Eugene, Oregon (April)
- Restating the U.S. Law of International Commercial Arbitration, American Society of International Law Annual Meeting, Washington, D.C. (Panel Moderator) (April)
- Arbitral Awards as de Facto Precedent, Conference on Protection of Foreign Investments through Modern Treaty Arbitration: Diversity and Harmonisation, Swiss Invest Forum, Zurich, Switzerland (March)
- Arbitrating Contract Disputes, Fourth International Conference on Contracts McGeorge School of Law, Sacramento, California (February)
- Investment Treaty Arbitral Decisions as Jurisprudence Constante, George Washington University International Law Colloquium, Washington, D.C. (January)
- Recent Issues Concerning International Investment Disputes Settlement and Trends of Arbitration Rules adopted by Commercial Arbitration Institutes, Third International Conference of the Research Center for International Litigation & Arbitration, Hanyang University, Seoul, Korea (November)
- Second Annual Columbia International Investment Conference, Columbia Program on International Investment, New York, New York (Conference Rapporteur) (October)
- National Treatment in International Investment Law, Conference on Standards of Investment Protection, University of Vienna, Austria (September)
- The Emerging Jurisprudence of International Investment Law, 9th Investment Treaty Forum Public Conference, The British Institute for International and Comparative Law, London, England (September) (Conference Co-Host and Panel Moderator)
- Private Rights & Public International Law, International Trade Works-in-Progress Panel, Conference on International Law: What is Wrong with the Way We Teach and Write International Law?, American Society of International Law/Association of America Law Schools Joint Conference, Vancouver, British Columbia (June)
- Mandatory Rules of Law in International Investment Arbitration, Colloquium on Mandatory Rules of Law in International Arbitration, Columbia Law School, New York, New York (June)
- Debating the Necessity of a Necessity Defense for Investment Law, Investment Treaty Arbitration: A Debate and Discussion, Juris Conferences, Washington, District of Columbia (May)
- Adjudicatory Competition in International Economic Law, Golden Gate University School of Law, 17th Annual Fulbright Symposium and ASIL Regional Meeting, San Francisco, California (April)
- Adjudicatory Competition in International Economic Law, Columbia Program on International Investment, Foreign Investment & Globalization Speakers’ Series, Columbia Law School, New York, New York (March)
- Adjudicatory Competition in International Economic Law, Thursday Lecture Series, University of Dundee, Scotland (March)
- The Evolution of Colonialism in a Global Economy, U.C. Davis Journal of International Law and Policy Symposium, Davis, California (Panel Moderator; Closing Commentator) (March 2007)
- Reconciling State Sovereignty and Investor Protection in Denial of Justice Claims, Friday Lunchtime Lecture, Lauterpacht Centre for International Law, University of Cambridge, England (February)
- Recent Developments in NAFTA and CAFTA, International Law Weekend – West, International Law Association, Santa Clara, California (Panel Moderator) (February)
- The Future of Investment Agreements?, Investment Arbitration: Lessons from Practice: A Discussion among Experts, Boalt Hall School of Law, University of California, Berkeley (January)
- International Investment Treaty Arbitration as Jurisprudence Constante, International Economic Law: The State and Future of the Discipline, American Society of International Law International Economic Law Interest Group, Bretton Woods, New Hampshire (November)
- Emergency Exceptions to International Obligations in the Realm of Foreign Investment, Open Meeting of the International Law on Foreign Investment Committee, International Law Association Biennial Meeting, Toronto, Ontario (June)
- Most-Favored Nation Clauses in Investment Treaties, Dispute Settlement in International Trade and Investment Law, International Law Association Biennial Meeting, Toronto, Ontario (June)
- Investment Arbitration as De Facto Precedent: Is There a Need for Greater Consistency?, A Just World Under Law, Golden Gate University Fulbright Symposium and ASIL Regional Meeting, San Francisco, California (April)
- Family Planning and AIDS Policies in the International Community, U.C. Davis Journal of International Law and Policy Symposium, Davis, California (Closing Commentator) (March)
- Integrating Transnational Legal Perspectives Into the First Year Curriculum: Contracts, AALS Annual Meeting, Washington, District of Columbia (January)
- The Impact of Philippe Sands’ LAWLESS WORLD on International Investment Law, Colloquium on LAWLESS WORLD, Berkeley Journal of International Law, University of California, Berkeley (October)
- Globalizing the Law School Curriculum, Conference Hosted by McGeorge School of Law, Squaw Valley, California (Rapporteur for Contracts Break-Out Session) (August)
- ICSID and Other Investment Arbitration Tribunals: Is There a Need for Judicial Oversight or Other Reform?, Hague Joint Conference on Contemporary Issues of International Law, The Hague, The Netherlands (Panel Moderator) (June)
- Investment Arbitration: Evolution or Revolution?, Book Launch and Symposium for INTERNATIONAL INVESTMENT LAW & ARBITRATION: LEADING CASES FROM THE ICSID, NAFTA, BILATERAL TREATIES, AND CUSTOMARY INTERNATIONAL LAW, The Hague, The Netherlands (June)
- Reconciling State Sovereignty and Investor Protection in Denial of Justice Claims, Faculty Workshop, University of California, Davis, King Hall School of Law (April)
- Systemic Responses to the Challenge of Transparency and Amicus Curiae Participation, Arbitration and the Involvement of Non-Parties: Transparency, Intervention, and Appeal, Conference Hosted by the Institute for Transnational Arbitration & American Society for International Law, Washington, District of Columbia (March)
- Romancing the Foreign Investor, BIT by BIT, U.C. Davis Journal of International Law and Policy Symposium, Davis, California (Closing Commentator) (March)
- Denial of Justice, Sovereignty, and Sequential Review, International Legal Scholarship Roundtable, University of California, Berkeley (January)
- Seven Unresolved Issues in NAFTA Chapter Eleven, NAFTA Chapter Eleven Program, International Law Weekend, International Law Association, New York, New York (October)
- Arbitration in the United States, Presentation to the California Dried Fruit & Nut Association, Davis, California (September)
- Waiver and the Exhaustion of Local Remedies in International Law: The NAFTA Cases, Intensive Course on Investor-State Dispute Settlement, sponsored by the Organization of American States, the Colombian Ministry of Commerce, Industry and Tourism, and the Bank of the Republic, Bogotá, Colombia (April)
- Reform of the Federal Arbitration Act, American Bar Association, Section of International Law and Practice Meeting, New York, New York (Panel Moderator) (April)
- Waiver and the Exhaustion of Local Remedies Rule in NAFTA Jurisprudence, Book Launch Conference at American University, Washington College of Law, for NAFTA: INVESTMENT LAW AND ARBITRATION: PAST ISSUES, CURRENT PRACTICE, FUTURE PROSPECTS, Washington, D.C. (March)
- Rethinking Reconstruction After Iraq, U.C. Davis Journal of International Law and Policy Symposium, Davis, California (Panel Moderator) (March)
- New Frontiers in Intersystemic Adjudication: At Home and Abroad, Hot Topics Program at Association of American Law Schools Annual Meeting, Atlanta, Georgia (January)
- The Government’s Perspective on Litigating NAFTA Chapter Eleven Cases, California State Bar Association Meeting, Anaheim, California (September)
- NAFTA at Ten: Where Have We Been and Where Are We Going?, American Bar Association Annual Meeting, San Francisco, California (Panel Moderator) (August)
- Denials of Justice under International Law, University of Chicago Law School Faculty Works-in-Progress Series, Chicago, Illinois (August)
- Early Years of NAFTA Investment Arbitration – Good, Bad, or Both?, Roundtable Participant, Canadian-American Research Centre for Law and Policy, University of Windsor, Ontario (March)
- Moderating the Rhetoric: A Balanced View of NAFTA Chapter Eleven, United States – Canada Trade Conference, Boston Bar Association, Boston, Massachusetts (May)
- Private Party Participation in Dispute Resolution Under NAFTA Chapter Eleven, The Practice of International Law in the 21st Century: It’s Everybody’s Business, Conference of the Canadian Bar Association, International Section, Ottawa, Ontario (May)
- Leadership Development for Law Students, Symposium on Promoting Regional Leadership and Cooperation in the 21st Century, Ron Brown Fellowship Program, Institute for International Education, Washington, D.C. (Discussion Moderator) (April).












